Taking legal advice early on may save a great deal of time and expense later. It can also help to avoid undermining your case, either through illadvised action or ignorance of the legal implications. Negotiating “without prejudice” allows all concerned to explore different options to resolve the situation, as any offers cannot subsequently be revealed In court. At this stage, gather the relevant documentation, in case the case does go to court.
If legal action ensues, review your options and consider any implications. The legal team should possess decision-making authority in internal and external commercial communication issues and technical legal decisions. It is important to clearly define the rights and wrongs of the case, identifying where the organisation is on firm ground and where it is weak. This can also help to identify where compromise is possible.
Where it is not, endeavour to understand what the other party wants to achieve. Then negotiate with a view to settling the matter out of court.